Notice for the OJ
Action brought on 24 November 2003 by Deutsche Telekom AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
(Case T-386/03)
Language of the case
to be determined pursuant to Article 131(2) of the Rules of Procedure
- language in which the application was submitted: German
An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 24 November 2003 by Deutsche Telekom AG, Bonn (Germany), represented by D. Marschollek, lawyer.
Client Logic GmbH & Co. KG, Oberhausen (Germany), was also a party to the proceedings before the Board of Appeal.
The applicant claims that the Court should:
annul the decision of the Fourth Board of Appeal of 7 January 2003, notified on 26 September 2003, (Case R 80/2001-4);
order the defendant to pay the costs.
Pleas in law and main arguments:
Applicant for Community trade mark:The applicant.
Community trade mark sought:Word mark "DTel" for goods and services in Classes 9 (electric apparatus etc.), 37 (construction etc.), 38 (telecommunications etc.) and 42 (computer programming services etc.) - Application No 1 176 639.
Proprietor of mark or sign cited in the opposition proceedings:
Client Logic GmbH & Co. KG.
Mark or sign cited in opposition.The national word mark "TETEL" for goods and services in Classes 9, 37, 38 and 42.
Decision of the Opposition Division:Rejection of the opposition.
Decision of the Board of Appeal:Partial refusal of the application to register, in respect of goods and services in Class 38. Dismissal of the remainder of the appeal.